UNHCR Special Rapporteur 2012 Report on Human Rights in Iran
On 6 March, UNHCR Special RapporteurAhmad Shaheed published his much-anticipated report on the situation of human rights in Iran. Almost every accusation of abuse previously published by activists or victims has been upheld, and the need justice and fair treatment of prisoners and former detainees that the One Million Voices for Iran campaign demands is fully and unequivocally supported.
The full document is availabe here. The introduction is reproduced below:
The Islamic Republic of Iran possesses the basic legislative framework and tools to promote respect for human rights. The country is a party to five of the nine legally-binding international human rights treaties, and many of the rights guaranteed therein are enshrined in the Constitution. International commitments and constitutional provisions notwithstanding, however, it is clear that elements of the legal framework, together with insufficient adherence to the rule of law, create systemic obstacles to the Government‟s ability to adhere to these commitments. As an original member of the United Nations system, the Islamic Republic of Iran has an important role to play in the global community but this has unfortunately become overshadowed by confrontation and tension. The Special Rapporteur believes that meaningful cooperation with United Nations human rights mechanisms could help the country to lessen potential for politicization, an issue about which the Government has repeatedly expressed its deep concern.
Despite the statements made by representatives of the Islamic Republic of Iran regarding the Government‟s interest in cooperation with United Nations human rights mechanisms and its standing invitation to thematic special procedures mandate holders of the Human Rights Council, the Government has not permitted visits since 2005. (The last visit by a special procedures mandate holder dates back to 2005, when the Special Rapporteur on adequate housing (July 2005) visited the country. Visits by mandate holders prior to 2005 included the Working Group on Arbitrary Detention (February 2003), the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (November 2004), the Special Rapporteur on the human rights of migrants (February 2004) and the Special Rapporteur on violence against women (February 2005).)
The Special Rapporteur regrets the fact that the Government has not addressed his request for a country visit issued on 19 September 2011, despite its stated intention to invite two special procedures mandate holders in 2012. The Special Rapporteur continues to urge the Iranian authorities to give positive consideration to his request, as well as those of the Human Right Council and the General Assembly to allow his unfettered access to the country to carry out his mandate.2 While the Special Rapporteur was not granted access to the country during the period under review, he fulfilled his mandate to the best of his ability on the basis of voluminous information collected from a variety of independent and reliable sources. The Special Rapporteur reaffirms that he maintained his independence, impartiality and objectivity in weighing the information provided to him.
The Special Rapporteur regrets the fact that a number of urgent appeals made by various thematic mandate holders, as well as several joint communications transmitted to the Government of the Islamic Republic of Iran by the Special Rapporteur together with other special procedures mandate holders, also remain unaddressed. The insufficient engagement of the Government with the mandate holders was highlighted in a 2010 study, 3 which concluded that the Islamic Republic of Iran held the highest number of pending visits requests of all countries that have issued standing invitations. Data also suggested that the Islamic Republic of Iran received the highest number of communications in the period 2004-2008 (594), and that 25 per cent of the allegations made in the said communications had been wholly rejected, 1.3 per cent resulted in steps taken to address concerns, and approximately 54 per cent of communications transmitted had received no response. The Special Rapporteur notes that the unwillingness to provide access to the country creates a void of information and only encourages the international community to imagine the worst, thereby intensifying the focus on the Government’s human rights record.
The Special Rapporteur welcomes the statement made by the representatives of the Islamic Republic of Iran during consideration by the Third Committee of the General Assembly of a draft resolution on the situation of human rights in that country , that the Special Rapporteur “should be given time and opportunity to prepare his reports without external pressure or induced prejudices”. To this end, the Special Rapporteur was keen to develop a substantive dialogue with the authorities and is pleased to have at least been granted meetings with the Permanent Missions of the Islamic Republic of Iran in New York and Geneva.
In accordance with the code of conduct for special procedures mandate holders,6 the Special Rapporteur has forwarded the present report to the Islamic Republic of Iran, which made several observations. It stated that, inter alia, the establishment of a country mandate was the result of a “flawed process”, that the country had been cooperating with the United Nations human rights system, and that the Special Rapporteur was engaged in propaganda by participating in forums and gatherings that were contaminated by Western espionage agencies, Zionist elements and terrorist groups. It also stated that sources of information, such as reports or complaints, lacked credibility, and that no positive reference had been made to meetings with officials and representatives of civil society. The Islamic Republic of Iran further stated that more substantive comments would be forthcoming once these matters were addressed.
The Special Rapporteur would like to point out that the cooperation of the Islamic Republic of Iran with the human rights mechanisms has been found wanting in reports of the Secretary-General, General Assembly and Human Right Council resolutions, and also in the concluding observations of the Human Rights Committee. The Special Rapporteur highlights the fact that he declined to participate in any forums or public gatherings, except for United Nations press conferences and individual interviews with the media following the presentation of his first report. The Special Rapporteur believes that his information is credible and corroborated by a number of independent sources. Lastly, the Special Rapporteur met with two non-governmental organizations that are supportive of the Government and made adequate reference to their concerns.
Related articles
- U.N. report slams Iran over human rights (cbsnews.com)
- Iran denies UN report on increasing human rights violations (1millionvoices.wordpress.com)
Bereaved Relatives Appeal To UN’s Iran Human Rights Expert
Parts of Masih Alinejad’s interview with Mr. Ahmed Shaheed with partial English transcription by Tourang Birani.
Masih: “Hello Mr. Shahid. I have studied your report and as a reporter who has interviewed the families of the slain in the past two years, I believe that real reporters were those who were sending out information from inside Iran; people like Parvin Fahimi, the mother of Sohrab Arabi who was killed on June 15, 2009 during a peaceful demonstration. She was the first woman who transmitted the news about the killing of her son from inside Iran. I would like to ask your permission to call her so that she can ask the first question from you as a real reporter.
Parvin Fahimi: “I am the mother of Sohrab Arabi, one of the people killed in the aftermath of the presidential election in Iran in June 2009. My son along with many other children of this land participated in a peaceful civil protest. They were killed by the Basij and Revolutionary Guards forces.
After many inquiries, I was finally able to receive the body of my son after 26 days! I would like to ask regime officials what crime did my son commit to deserve being killed? and why is it that Mr. Larijani who is the head of judiciary in Iran claims that only one person was killed in the aftermath of the presidential election? And the president, Mr. Ahmadinejad says that only a few were killed and they were from the Basij and security forces!
But the pictures, films and documents printed all point to the fact that our youngsters were being murdered. Why does the judiciary refrain from holding a public hearing? and why do they always stop us from mourning the death of our children? Dear Mr. Ahmad Shahid, my expectations are that you pay closer attention to those who died after the election. And when you come to Tehran, please pay a visit to us and the families of the dead.
When our voices do not get anywhere in our own country, we are forced to take refuge with the United Nations and shout about seeking justice for our children. This is to prevent the repeat of this type of irresponsible actions both in Iran and in other places around the world; and no injustice is done against innocent people. Mr. Shahid, I have promised to forgive my son’s blood if all political prisoners and Mr. Mousavi, Mrs. Rahnavard and Mr. Karoubi are freed.
I shall let God to carry out justice for the crimes committed against me and my son. I wish peace for all people around the world.
Ahmad Shahid: “I thank you very much for the opportunity to hear a question directly from Tehran. Yes if I get to travel to Tehran, I would be very interested to meet with families of those who lost their lives after the June 2009 election. I would like to find out more about their condition in Iran.
Of course there are other people I would like to meet as well but I would definitely want to meet with the families of those who lost their lives after the presidential election in 2009. Regarding the other part of her question, I must say that yes there are problems and challenges regarding Iran’s judiciary. My report has also pointed out that there are many issues with Iran’s judiciary.
Iran must act transparently regarding this matter. My report is not a complete document. This report is only a sample of issues of concern. This report is not all encompassing. The report is a tool to force Iran to open the doors to the United Nations so we can do more investigation regarding the human rights situation in Iran.
So my response to her is yes I would very much like to meet the families of those who lost their lives and to hear first hand information from these families. Their worries are also my worries.
Masih: “I would like you to hear the second question from another family member of someone who was killed after the presidential election”
Second Witness: “Hello, I am very happy that finally at least one person is willing to listen to our stories. I am the spouse of Ali Hassanpour who was killed on June 15, 2009. They did not return the body of my husband for 105 days! I would like to ask you now that we cannot meet you in Tehran, is it possible that we could talk to you on the phone directly so that we can present to you all the documents we have? These are documents that have been certified by judges in my own country. They have testified that my husband has been shot by a gun belonging to the Basij. Is it possible for us to make a trip to the U.N. to meet you in person; can you guarantee our safety; or is there another way for us to present our documents to you?
Ahmad Shahid: “My response to her is yes. There are ways for her to present details of her situation to me using email, skype and other means. But what I cannot guarantee is her safety because I am outside the country and of course we are in a situation where most regime officials are threatening, harassing, intimidating and in some instances injuring those who spread the news. These are problems. But there are ways to contact me. But I would be happy to create the avenues for these families to contact me.
They can contact me through email. My offices are in Geneva and New York. It’s correct that I will not have the opportunity to travel to Iran in the near future. But I am very interested to gather more information to do more research and to shine a light on the truth. I will report to the council and when I report to them they might decide to do more investigations on certain subjects.
That’s their choice. I must say that I am very open to the idea of families of the slain to travel to Europe. I would be happy to meet them in Geneva or any other country. But I really cannot guarantee their safety. Unfortunately none of the special rapporteurs are able to guarantee that.
They cannot protect people of Iran inside their own country. We can take their information anonymously. Also it would be great to get the coroner’s office reports. I need such documents to include in my report and to give to member countries of the U.N.
Iran denies UN report on increasing human rights violations
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Iran’s deputy ambassador to the UN, Eshagh al-Habib, on Thursday denied allegations in a recent UN report that human rights violations in Iran are on the rise. Al-Habib criticized the report for being poorly sourced, non-neutral and simply untrue. The report cited an increase in persecutions among political activists and journalists, detention conditions for opposition leaders and their wives, the torture and mistreatment of detainees, the significant administration of the death penalty to people under 18 years of age and “exorbitant bail requirements” for human rights defenders and religious practitioners. However, UN Special Rapporteur on Iran Ahmed Shaheed, the author of the report, stated that he was encouraged by Iran’s willingness to cooperate with him and that Iran “needs to be seen in a better light.” He further focused on the need to maintain dialogue with Iran’s political leaders in order to improve conditions in the country. The US issued a statement on Tuesday denouncing Iran’s “‘intensified’ campaign of abuse” : “Under international law and its own constitution, Iran has committed to protect and defend the rights of its people, but officials continue to stifle all forms of dissent, persecute religious and ethnic minorities, harass and intimidate human rights defenders, and engage in the torture of detainees.”
Iran has been heavily criticized for its alleged human rights abuses. Jailed Iranian journalist Isa Saharkhiz in July urged Shaheed to investigate prison conditions in Iran. In May, rights groups decried [JURIST report] Iran’s persecution of lawyers. In January, the International Campaign for Human Rights in Iran [official website] claimed that Iran is on an “execution binge” , killing one prisoner every eight hours. In January, prominent Iranian human rights lawyer Nasrin Sotoudeh was sentenced to 11 years in prison. Sotoudeh was found guilty of “acting against national security” and “making propaganda against the system” for which she will serve five and one years, respectively. She was the lawyer for Arash Rahmanipour, who was arrested for his role in the post-election protests on charges of moharebeh, or being an enemy of God. Rahmanipour was executed in January 2010. Also in January, Iranian chief prosecutor Abbas Jafari-Dolatabadi delivered a speech at Tehran University indicating that he would prosecute opposition leaders for political unrest that took place after the country’s 2009 presidential election.
via JURIST – Paper Chase: Iran denies UN report on increasing human rights violations.
UN Human Rights Expert Delivers Interim Report
Special Rapporteur on the situation of human rights in Iran Ahmed Shaheed
19 October 2011 –
There were also reports of capital punishment in juvenile cases, and the use of the death penalty for cases that do not meet the level of serious crimes by international standards, he said.
“In some cases, elements of Iran’s penal code and legal practices amount to contravention of those international laws it acceded to,” said Mr. Shaheed.
He said Iran’s record seems to have gained particular attention because of the country’s “lack of substantive cooperation with the UN human rights system and because of the existence of frequent reports of suppression of those self-correcting mechanisms that deprive Iranians from freely seeking redress or reform within the parameters of their human rights.”
The “self-correction mechanisms” that are suppressed include free and fair elections, denial of freedom of expression and assembly, allegations of depravation of the right to education, harassment and intimidation of religious and ethnic minorities, human rights defenders and civil society and religious actors.
He urged Iranian authorities to provide adequate medical access to the well-known cleric Ayatollah Kazemeini-Boroujerdi, and to consider his immediate release.
He also called upon Tehran to consider releasing all individuals listed in his report, including political leaders Mir-Hossein Mousavi and Mehdi Karroubi, who consider themselves detainees of the Government, human rights lawyer Nasrin Sotoudeh, student and women’s rights activist Bahareh Hedayat, student activist Abdollah Momeni, and Pastor Yousef Nadarkhani.
He also urged Iran to cooperate with him as he carries out his mandate. “In the absence of this, however, my course of action will be to continue to obtain information through interaction with Iranians both in the region and in other parts of the world, as well as with non-governmental organizations (NGOs) and other parts of the UN system.”
Mr. Shaheed said he had been informed of the arrests and prosecution of at least 42 lawyers for their attempts to provide legal counsel. Charges brought against the majority of them include acting against national security; participating in illegal gatherings; insulting the Supreme Leader; and spreading propaganda against the regime.
He took notice of the positive steps taken by the Iranian authorities, including the Government’s recent decision to release between 60 and 100 prisoners, many of whom had been arrested as a result of their participation in events related to the 2009 presidential elections.
via UN
Human Rights Watch – Issues Regarding IRI
Submitted by Human Rights Watch to the UN Human Rights Committee on the occasion of its Pre-Sessional Review of Iran
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Iran’s President Mahmoud Ahmadinejad addresses the United Nations General Assembly in New York on September 22, 2011.© 2011 Reuters
This memorandum provides an overview of Human Rights Watch’s main concerns with respect to the human rights crisis in Iran, submitted to the United Nations Human Rights Committee (“the Committee”) in advance of its pre-sessional review of Iran in 2011. We hope it will inform the Committee’s preparation for its review of the Iranian government’s compliance with its obligations under the International Covenant on Civil and Political Rights (“the Covenant”).
It has been 17 years since Iran last submitted its State Report to the Committee. During this time, the government has engaged in systematic violations of the Covenant, including extensive restrictions on the rights to freedom of expression, peaceful assembly, and association, and the widespread use torture, ill-treatment, and unfair trials of political detainees. The number of executions, including those of juvenile offenders, has steadily risen in recent years. The government intensified its targeting of human rights defenders following the disputed presidential election of June 2009. Pressures on civil society groups have increased sharply during President Mahmoud Ahmadinejad’s administration, and Iran continues to discriminate against religious, ethnic, and other minorities both in law and practice.
Iransubmitted its latest report to the Committee a few months after the June 2009 presidential election and the ensuing violent crackdown against largely peaceful demonstrators and opposition activists. Violence initiated by security forces, including the basij militia affiliated with official security forces, led to the killings of dozens of demonstrators. Authorities arbitrarily arrested and detained thousands of demonstrators and opposition figures in the months after the election. Several detainees died at Kahrizak detention facility in Tehran after being subjected to torture and ill-treatment. Public street protests all but ceased by early 2010 as a consequence of the government’s crackdown, but resumed in February and March 2011 when thousands of demonstrators took to the streets to show their support for pro-democracy protests in neighboring countries and protest the arrest and detention of opposition leaders. The authorities’ violent response led to at least three deaths and hundreds of arrests. The Ministry of Interior continues to refuse to issue permits for peaceful rallies and demonstrations.
As in years past, the government, including the judiciary, has failed to hold accountable officials responsible for committing serious human rights violations. There have been no comprehensive or transparent investigations into government repression, including the killings of demonstrators and custodial deaths of detainees. Although several security personnel were tried in closed military courts for the deaths of detainees at Kahrizak, no high-level authority has yet been charged, let alone convicted, for these crimes. At the same time, the judiciary prosecuted hundreds of demonstrators, civil society activists, and members of opposition parties, some of whom were paraded on national television during several show trials on vague national security-related charges (including “propaganda against the regime”), and sentenced many to lengthy prison terms and, in some cases, to death.
Notwithstanding the numerous and serious abuses committed by state officials, Iran’s State Report does not begin to adequately address allegations concerning violation of core civil and political rights under the Covenant. There are frequently references to legal provisions in Iran’s Constitution and criminal and civil codes but no discussion of how the authorities are implementing or complying with these provisions. Rulings that may or may not address the specific issue in question are simply listed. And the portions of the report that address specific articles of the Covenant contain glaring omissions and inaccuracies, such as providing no information on Iran’s abusive revolutionary courts, which seriously distorts the current situation of human rights in the country.
Among the most serious problems with Iran’s 2009 State Report are the following:
- The report devotes little attention to the death penalty under Article 6 (right to life), even though Iran is believed to have executed 388 people in 2008, and is second only to China in the number of executions carried out annually;
- The section on torture and ill-treatment (Article 7) recounts provisions in Iranian law that prohibit the use of torture and references several cases where government officials were apparently convicted of torture, but nowhere addressing credible reports regarding the authorities’ systematic use of torture in Iran’s detention facilities;
- The section on Iran’s compliance with the prohibition on arbitrary arrest and detention (Article 9) provides some references to rulings presumably related to convictions of government officials who violated these rights, but it contains no discussion of arbitrary arrest and incommunicado detention carried out by Iran’s security and intelligence forces;
- There is significant discussion on the treatment of detainees and prisoners (Article 10), but it largely describes the systems and programs that ostensibly have been put into place. The report does not address serious problems incurred by detainees and prisoners, particularly those accused of national security-related crimes or convicted by revolutionary courts;
- The section on due process and fair trials (Article 14) fails to provide any relevant information regarding the workings of the revolutionary courts, where the state prosecutes most political dissidents and commits systematic and gross violations of the right to a fair trial;
- The report’s discussion of the right to freedom of expression (Article 19) does not address the government’s severe restrictions on peaceful dissent by using both criminal law and repressive practices;
- Regarding the rights to peaceful assembly and freedom of association (Articles 21 and 22), the report fails to acknowledge the ways in which the government systematically prevents civil society organizations – including student, women’s, labor, journalist, legal, and human rights groups – from meeting or conducting their activities.
In short, the Committee’s concluding observations with regard to Iran’s report 17 years ago unfortunately remain equally applicable today: Iran’s report provides “virtually no information about factors and difficulties impeding the application of the Covenant.”
